Witness tells court: Three skippers in charge of boat
Published on: Tuesday, September 25, 2018
Kota Kinabalu: A skipper of a catamaran involved in the Pulau Mengalum tragedy which resulted in the death of four Chinese tourists with five more missing to date, told the court that there were three skippers in charge of the boat during the incident.Sharezza Salian, 26, who is the first defence witness, told Sessions Court Judge Noorhafizah Mohd Salim that the three skippers were himself, Ah Coy and Aman.He was on trial together with operator Leong Vin Jee, 44, and his mother Chung Ket Siew @ Chung Siaw Ping, 64, whose name appears on the company licence.
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Sharezza told the court that he was not used to steering the boat as he was the third skipper and was instructed by Leong to manage the front and back of the boat.Other than that, while in the boat, he also helped Ah Coy and Aman to check the engine at the back of the boat.According to Sharezza, who worked with Leong less than a month before the incident, Leong also instructed him to bring the boat to the Tanjung Aru jetty during the incident."Leong was also the one who was responsible for bringing the tourists into the boat before we left the jetty to Pulau Mengalum on the said day. Before we left the jetty, we also distributed life jackets to the tourists," said Sharezza.
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To a question from counsel Michelle Usman, who is defending Sharezza, he said the boat was in good condition as he was the one who checked it before they left.Sharezza also testified that after one hour into their journey to Pulau Mengalum, water begun entering the boat.
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On July 18 this year, Sharezza and Leong as well as Leong's mother were ordered to enter their defence on several charges against them after the court ruled that the prosecution had established a prima facie case. All of them on Monday had chosen to give sworn statements.On the first count, Chung, the Director of Syarikat Golden Sailing Travel Tour and Car Rental and the registered owner of the boat, is accused of having Sharezza as the skipper without altering and reporting the particulars of a skipper named Leong Vin Jee in the Sabah Small Ship Licence to the nearest licensing authority – Sabah Ports and Harbours Department.The offence under Regulations 13 of the Ports and Harbours (Sabah Licensed Small Ships) 2008 is also punishable under Regulations 21 of the same regulations, which carries a jail term of up to two years, or a fine of up to RM500,000, or both, on conviction.On the second count, she was jointly charged with Leong for failing to keep the boat licence on the passenger boat at all times.The offence falls under Regulations 9 of the Ports and Harbours (Sabah Licensed Small Ships) 2008, the punishment for which is as stated under Regulations 21 of the same Regulations.Meanwhile, Leong is accused of overloading the catamaran with tourists which endangered the passengers' lives while Sharezza had served the six-month jail sentence for a similar offence of overloading the catamaran with tourists.Leong, together with Sharezza, were charged with causing hurt to 20 Chinese tourists by handling and using the boat to sea so negligently as to endanger their lives.Their respective charges stated that Leong had ordered Sharezza to take the boat to the sea while Sharezza's charge is taking the boat to the sea negligently.The charge under Section 337 of the Penal Code carries a jail term of up to six months, or fine of up to RM1,000, or both, on conviction.Leong and Sharezza are also accused of negligently caused the death of four tourists namely, He Runyuan, 46, Wang Jianyi, 38, Xie Luo, 49, and Zhang Xiau Kun, 27, by using the boat and so loaded it which endangered human life.The duo are also accused of failing to keep on the passenger boat the appropriate safety equipment like life jackets and life buoys as specified in the Four Schedule of the Ports and Harbours (Sabah Licenced Small Ships) Regulations 2008, at all time.They allegedly committed the offence under Regulations 16/34 of the Ports and Harbours and punishable under Regulations 21 of the same Regulations which carries a jail term of up to two years, or a fine of up to RM500,000, or both, on conviction.Leong and Sharezza were also jointly charged with embarking two crews and 28 passengers not at a designated landing point – Kg Tanjung Aru Lama Jetty, here and that the offence under Regulation 13/34 of the Ports and Harbours.The passengers were Yan Yan Xin, 50, Fan Li Xia, 41, Yan Si Yie, 17, Shen Hao Tian, 17, Chen Yi, 48, Yang Yao Ru, 50, Wang Xian Zhong, 48, Cao Dong Yue, 26, Wie Yin, 31, Li Feng, 39, Chen Xin Jian, 24, He Hai Min, 29, He Zi Hao, 21, Guo Shun Ke, 49, Tan Ting, 30, Luo Guo Hong, 30, Zeng Chi Yuan, 55, Liu Jin Can, 31, Pa Liu Juan, 32, Liu Fei Tong, 32, Xie Luo, 48, He Runyuan, 46, Zhang Xiao Kun, 27, Wang Jianyi, 38, Shen Jiang Jian, 50, Dong Mei, 52, Liu Hong Yuan, 51,Yu Xuan Li, 10 and the crews were Aman Abdul, 38, Absoy Kasim, 26.All the offences allegedly took place at the Golden Sailing Travel Tour and Car Rental Sdn Bhd premises in Asia City, here, Kg Tanjung Aru Lama Jetty, Waters off the Coast of Mengalum Island, here between 9.15am and 11am on Jan 28, 2017.Deputy Public Prosecutor (DPP) Nartiah F Mirchelle Sambatan, who was assisted by DPP Nurun Nazifah Muhammad Iyen from the Malaysia Maritime Enforcement Agency, conducted the prosecution.Stay up-to-date by following Daily Express’s Telegram channel.
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